Simon looking earnest in Preveza, Greece
Simon Shields, LLB

ONLINE LAW SINCE 2005
(ONTARIO)

tenant / small claims / welfare (ontario works) / odsp / human rights / employment / consumer /
collection agencies / criminal injuries compensation / sppa (admin law)
/ line fences / animal cruelty / dogs & cats / wild animal law (all Canada) / war / conditions of guide use

home / about / client testimonials / subject areas / about self-representation

Simon Shields,
LLB

simonshields
@isp.com


Limitations - Acknowledgement

1702108 Ontario Inc. v. 3283313 Canada Inc. (Ont CA, 2016)

In this Court of Appeal case the court stated briefly as follows on the principles that apply to a judicial finding of an 'acknowledgement' under s.13(1) of the Limitations Act, which - if found - restarts the running of a limitation period:
[5] The language of the statute sets out the applicable test: s. 13(1) is engaged when a person acknowledges liability in respect of a claim for payment of a liquidated amount. In Middleton v. Aboutown Enterprises Inc., 2009 ONCA 466 (CanLII), this court held, at para. 1, that s. 13(1) requires a “clear and unequivocal acknowledgement of the debt claimed.” In that case, the court upheld the motion judge’s finding that a mere offer to settle a claim, without acknowledging that any amount remained owing, did not amount to an acknowledgement of liability for the purposes of s. 13(1).

Law Society Number #37308N / Website © Simon Shields 2005-2018